ORDER OF THE
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
ADOPTING EMERGENCY RULES
The scope statement for this rule, SS 098-18, was published in Register No. 752B, on August 27, 2018, and approved by State Superintendent Tony Evers on September 10, 2018. Pursuant to Coyne v. Walker, the Department of Public Instruction is not required to obtain the Governor’s approval for this rule. Coyne v. Walker, 2016 WI 38, 368 Wis. 2d 444. The State Superintendent of Public Instruction hereby adopts an order to repeal s. PI 34.036 (2) (c), and 34.084 (2) (c) 3. (Note) and 4. (Note); to renumber and amend s. PI 34.029 (1);to amend s. PI 34.001 (8) and (11), 34.008 (4), 34.011 (2), 34.022 (5), 34.023 (1) (b), 34.028 (2) (f) 1. and (4) (a) 3. and (c) 3., 34.029 (2) (b) and (c), 34.033 (1) and (2), 34.034 (1) (intro.), 34.039 (1), 34.040 (1) (b) and (2) (h), 34.047 (title) and (2), 34.052 (1), (4) (intro.), and (5), 34.064, 34.074 (1), 34.075 (1), 34.082 (1) and (e) 1., 34.084 (2) (c) 1. to 4., 34.089 (1), and 34.110 (2) (e) and (3); and to create s. PI 34.001 (11m), 34.011 (3), 34.029 (1g), 34.040 (1) (c), and 34.052 (4) (q) and (7), relating to cleanup revisions to educator license rules.
ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION
Explanation of agency authority:
115.28 General duties. The state superintendent shall:
(7) Licensing of teachers.
(a) License all teachers for the public schools of the state; make rules establishing standards of attainment and procedures for the examination and licensing of teachers within the limits prescribed in ss. 118.19 (2) and (3), 118.191, 118.192, 118.193, 118.194, and 118.195; prescribe by rule standards, requirements, and procedures for the approval of teacher preparatory programs leading to licensure, including a requirement that, beginning on July 1, 2012, and annually thereafter, each teacher preparatory program located in this state shall submit to the department a list of individuals who have completed the program and who have been recommended by the program for licensure under this subsection, together with each individual's date of program completion, from each term or semester of the program's most recently completed academic year; file in the state superintendent's office all papers relating to state teachers' licenses; and register each such license. Related statute or rule: See Clearinghouse Rule 17-093, relating to stakeholder workgroup revisions to licensure, which became effective August 1, 2018, and codifies current rules relating to educator licensure.
Plain language analysis:
The proposed rule makes the following revisions to the current administrative rules governing educator licensure:
Technical language changes regarding program improvement plans under s. PI 34.008.
Clarifying language referring to classroom teaching under s. PI 34.022 (5).
Clarifying language regarding a Tier I license with stipulations for pupil services licenses under s. PI 34.028 (2) (f) 1.
Amending s. PI 34.029 to permit Tier I license holders to teach in a CESA or one of the state’s residential schools.
Amending s. PI 34.033 (1) relating to Tier I, long-term substitute teacher licenses to authorize license areas in subchapters VI, VII and VIII.
Technical language change to s. PI 34.034 to indicate that Tier I professional teaching permits authorize the license holder to teach grades kindergarten through 12.
Adding special education program aide licenses under PI 34.036 to the exceptions in which an individual may not have a Tier 1 license in special education for more than 3 years under PI 34.039 (1).
Creating s. 34.040 (1) (c) under Tier II provisional educator license, to state that the subject area and grade level of a license issued shall be based on the license areas endorsed by the accredited preparation program that the applicant completed.
Clarifying language in s. PI 34.040 (1) (b) that the age level of a Montessori license shall be based on the age levels endorsed by the Montessori training program completed by the applicant.
Clarifying language for licenses based on equivalency to address standards or assessment under s. PI 34.040 (2) (h).
Technical language changes to the prekindergarten through grade 12 license under s. PI 34.047.
Amending 34.052 (1) to state that the grade levels of the added license shall be the same as the individual's existing license.
Amending s. PI 34.052 (4) to state that an individual may add one or more of the provided additional middle and high school subject area licenses by passing the applicable content knowledge test approved by the state superintendent.
Including geography as an additional subject area for licensure under s. PI 34.052 (4).
Amending PI 34.052 to indicate the effective date for licenses added under this section shall be July 1 of the year in which the test was passed if the test was passed by August 31 of that year or the following July 1.
Technical language changes to rules governing vocational licenses under s. PI 34.084 to clarify current practice that applicants shall have completed an approved educator preparation program plus related occupational experience to obtain licensure.
Clarifying license and preparation program continuation language under s. PI 34.110.
Any other changes to PI 34 that are needed to align the chapter with current statutes or to clarify existing rule will also be made.
Summary of, and comparison with, existing or proposed federal regulations:
Because education in the United States is typically governed by each state and local government, federal regulations are generally silent with respect to teacher licensure. As a result, the requirements for teacher licensure vary by state.
Comparison with rules in adjacent states:
Illinois (Illinois Compiled Statutes 105 ILCS 5/21B-5): The Illinois State Board of Education expects all of its certified teachers to complete a state-approved teacher preparation program and have at least a bachelor’s degree. While the minimum degree requirement for Illinois teachers is a bachelor’s degree, some of these programs are at the graduate level. License applicants graduated from an out-of-state teacher preparation program are recognized by the Illinois Department of Education if it has been approved by that state’s Department of Education, or if it leads to a teaching certificate or license in that state. License applicants who graduated from a foreign college or university must have their foreign credentials evaluated and converted to fit the American credits/courses standard to receive licensure.
Iowa (Iowa Administrative Code Chapter 282.13): The Iowa Board of Educational Examiners requires that, in order to be eligible for a teaching license in Iowa, graduates from Iowa institutions must meet the following requirements: 1) A baccalaureate degree from a regionally-accredited institution; 2) Completion of a state-approved teacher preparation program in Iowa, including the required assessments; and 3) Recommendation for licensure from the designated recommending official where the program was completed. Graduates from out-of-state institutions must meet the following requirements: 1) A baccalaureate degree from a regionally-accredited institution; 2) completion of a state-approved teacher preparation program, including the coursework requirements for a content area teaching endorsement, coursework in pedagogy, and a student teaching or internship placement, completed for college semester credit through a regionally-accredited institution; 3) Recommendation for licensure from the designated recommending official where the program was completed; 4) Valid or expired license from another state; and 5) Completion of the required Iowa assessments (not required if the applicant completed their teacher preparation program prior to January 1, 2013, or if the applicant has three years or more teaching experience on a valid license in another state). Applicants who have completed certain nontraditional programs may or may not be eligible for licensure in Iowa.
Michigan (Michigan Administrative Code Section R 390.1101-390.1216): The Michigan Department of Education Office of Professional Preparation Services requires that applicants pursuing certification via a traditional route should hold a bachelor’s degree, complete a state-approved teacher preparation program, and earn passing scores on the state-required tests. The traditional route to certification leads to the issuance of a provisional certificate, Michigan’s initial teaching certificate for new teachers. After successfully completing three years of teaching experience and continuing education, those holding an initial certificate may upgrade to a Professional Education Certificate. Highly effective and qualified teachers may then move up to the third tier of certification, the Advance Professional Education Certificate. Provisional and interim certificates to teach are available for applicants who are pursuing alternative pathways to licensure.
Minnesota (Minnesota Administrative Rules Chapter 8710): The Minnesota Board of Teaching requires all applicants for teacher licensure in the state to graduate from a state-approved teacher preparation program and hold a minimum of a bachelor’s degree, as well as demonstrated completion of a human relations course, which is included in all Minnesota approved teacher preparation programs. Teacher preparation programs completed outside of Minnesota may count if the program is equivalent to that of an approved Minnesota teacher preparation program. If the applicant did not complete a teacher preparation program in one of the states with a reciprocal licensing agreement, the applicant must also complete an approved human relations course in order to be licensed in the state. Applicants who have completed an online teacher preparation program will be recognized as long as the program is regionally accredited, approved by the state in which it is offered, be a field for which Minnesota offers licenses, and include a supervised practicum and student teaching. Graduates of foreign teacher preparation programs must have their credits evaluated by a member agency of the National Association of Credential Evaluation Services.
Summary of factual data and analytical methodologies: